Terms of Use

These Terms of Use were last updated on April 19, 2007

PLEASE SCROLL DOWN AND READ THESE TERMS OF USE.

These Terms of Use (the "Agreement") govern your use of MarketWatch.com, BigCharts.com, virtualstockexchange.com, and unless other terms and conditions expressly govern, other web sites from MarketWatch, Inc. that are made available from time, including without limitation, any Web pages, services, content, newsletters, databases and information therein (collectively, the "Services"). MarketWatch, Inc. ("MarketWatch") and its subsidiary, Hulbert Financial Digest, Inc. ("HFD"), are wholly-owned by Dow Jones & Company, Inc.

BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, MARKETWATCH IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.

1. Changes to the Agreement. We may modify this Agreement from time to time in our sole discretion and without notice to you. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.

2. Additional Terms of Use Some Services or content sets available through the Services may have additional terms, conditions and restrictions associated with them and will be posted on such Services or content sets. You agree that such additional terms, conditions and restrictions will apply to your use of such Services or content sets and if there is a conflict with this Agreement, such additional terms, conditions and restrictions will control.

3. Ownership; General Limitations on Use.

3.1 Ownership. You acknowledge and agree that the text, information, data, graphics, images, audio, video, design, organization, compilation, meta data, look and feel, advertising and all other protectable intellectual property (the "Content") available through the Services is our property, the property of our advertisers or our third party licensors or suppliers (such licensors and suppliers are referred to as "Information Providers") and is protected by copyright and other intellectual property laws.

3.2 Limitations on Use. Unless you have our written consent in advance, you may not reproduce, sell, publish, distribute, retransmit, disseminate, perform, display, broadcast, create new works from, or commercially exploit the Content available through the Services, with the following two exceptions:

3.2.1 To the extent that we feature email or other sharing functionality on a particular article in the Services, you may use email or other featured sharing functionality to share such article with other individuals.

3.2.2 For articles that are written and published by MarketWatch, HFD, or Dow Jones, as indicated by the credit line (e.g., MarketWatch, The Wall Street Journal Online, Barron’s Online) (the "Proprietary Content"), you may occasionally distribute a copy of an article, or a portion of an article, from a Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Services. For articles and other content that is not Proprietary Content, you should not assume that you have the rights granted in this Section 3.2.2. Your rights will be limited any special terms, conditions and restrictions applicable to such content that is set forth below in this Agreement or on or near the content set.

You agree to access the Services manually by request and not programmatically by macro or other automated means.

3.3 Premium Products. Certain Services and content sets are only available after additional registration and/or payment of a fee.

3.4 No Modification of Content. You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display headlines from the Content for use on another web site or service or use the Content for commercial purposes, including without limitation algorithmic trading programs. You agree not to upload, post or submit any Content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, except through services we specifically provide for that purpose (e.g., an RSS Feed) or after we give our written consent in advance.

4. Member Accounts; Privacy. We require you to register to become a member (a "Member") before obtaining access to certain Services and certain functionality. When you register, you agree to provide us with true and accurate information about yourself. You understand that any information you provide as part of such registration or that we otherwise collect about you is subject to our Privacy Policy. When registering, you need to select a unique user name and password. We reserve the right to refuse giving you a user name if it impersonates someone else's name, or if we feel it is otherwise inappropriate. It is your responsibility to choose your password wisely. We are not responsible for any user impersonating you on our Services. If you have concerns or believe that someone is using your password without your authority, please contact MarketWatch Support. We reserve the right to disclose any information about our Members or users, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of our user and other Members.

5 Member Content (User Generated Content); Message Boards.

5.1 Member Content. We offer Members and users the opportunity to tag, rate, vote, offer predictions and comment on and engage in discussions regarding articles, companies and various topics. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities is referred to as "Member Content" in this Agreement and is subject to various terms and conditions as set forth below.

5.2 Cautions Regarding Other Members and Member Content. You understand and agree that Member Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own investment decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any Member. We do not routinely screen, edit, or review Member Content. However, we reserve the right to monitor or remove any Member Content from the Services at any time without notice. You should be aware that other Members may not be who they say they are. We take no action to perform a background check on any of our Members' profiles. We do not guarantee that Members' profiles are accurate. You should also be aware that other members may use our Services for personal gain. As a result, please approach messages with appropriate skepticism. Member Content may be misleading, deceptive, or in error.

5.3 Grant of Rights and Representations by You. If you upload, post or submit any Member Content on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such Member Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Services, you grant us, our parent Dow Jones, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your Member Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of Member Content, or any portion thereof, by Members and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your Member Content specifically on the Services and to allow other Members or users to request access to your Member Content, such as for example through an RSS Feed.

5.4 Removal. We may also remove any Member Content for any reason and without notice to you. This includes all materials related to your use of the Services or membership, including email accounts, postings, profiles or other personalized information you have created while on the Services.

5.5 Rules of Conduct. All Members and users of the Services must comply with the following rules of conduct:

You will not stalk or harass another when using the Services.

You will not interfere with others' use of the Services, including by interrupting other users' sessions, scrolling down (automatically or manually) to make it difficult for them, or otherwise act in a way that negatively affects other users' enjoyment of the Services.

You will not attempt to harvest any screen names of email addresses for any commercial use and you will not collect or store personal information about any other individual on the Services.

You will not use the Services for illegal purposes and you will not upload, post or submit any Member Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights.

You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with MarketWatch or Dow Jones, similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another.

You will not upload, post or submit any Member Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Services we provide, Members’ or users' ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services.

You will not send any bulk unsolicited advertising, promotional information, commercial email or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services.

You should demonstrate appropriate respect for other Members. If you disagree with an opinion on the Services, feel free to challenge that opinion with a posting of your own. You should, however, refrain from ever personally attacking the person making the posting.

You will not violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, or any rules of any national or other securities exchange.

You will not upload, post, submit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

You will not upload, post or submit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person.

You will not upload, post or submit improper or off-topic messages.

5.6 Copyright/IP Policy. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information about our policy, please see our Copyright/IP Policy.

6. Termination. MarketWatch may discontinue or change all or any of the Services, or their availability to you, immediately, in its sole discretion, at any time without cause. MarketWatch may terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.

7. DISCLAIMERS OF WARRANTIES. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE AND OUR INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not give tax or investment advice or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for tax and investment advice. Certain information and data provided in connection with these Services may be delayed as specified by financial exchanges or Information Providers. MarketWatch and the Information Providers furnish the information available in connection with these Services without responsibility for accuracy and you agree that errors or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against MarketWatch or any Information Provider. We may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software. The Services includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither MarketWatch nor the Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses, these facts, views, opinions or recommendations, gives investment advice, or advocates the purchase or sale of any security or investment.

8. LIMITATIONS ON LIABILITY NEITHER MARKETWATCH, ITS PARENT, DOW JONES, NOR ANY INFORMATION PROVIDER, NOR ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (THE "EXCLUDED PARTIES") WILL BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF SUCH EXCLUDED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE EXCLUDED PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. You understand and agree that your use of the Services is at your sole risk.

9. INDEMNITY. You agree to indemnify and hold Marketwatch and our parent, Dow Jones and our respective subsidiaries, affiliates, officers, agents, employees, partners and the Information Providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member Content you upload, post, submit or otherwise make available through the Services, your use of the Services, and your violation of this Agreement.

10. General. Except as set forth in Section 2 above, this Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York, New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

MARKETWATCH, the MarketWatch logo, and BIGCHARTS are registered trademarks of MarketWatch, Inc.

All other marks are the trademarks and service marks of their respective owners.

TERMS FOR CERTAIN CONTENT SETS:

1. Interactive Data Pricing and Reference Data. If content or information displayed on the Services includes data distributed by Interactive Data Pricing and Reference Data, you agree that you will not download or copy more than fifty (50) securities per day.

2. CUSIP Database and Information

Without limiting the foregoing, with respect to the CUSIP database and information included in connection with the Services, if any, you agree to the following:

You agree and acknowledge that the CUSIP database and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to Standard & Poor's CUSIP Service Bureau ("CSB") and the American Bankers Association ("ABA"), the Information Providers for the CUSIP database and information, and that no proprietary rights are being transferred to you in such materials or in any of the information contained therein. Any use by you outside of the clearing and settlement of transactions requires a license from the CSB, along with an associated fee based on usage. You agree that misappropriation or misuse of such materials will cause serious damage to CSB and ABA and that in such event money damages may not constitute sufficient compensation to CSB and ABA; consequently, you agree that in the event of any misappropriation or misuse, CSB and ABA shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which CSB and ABA may be entitled.

You agree that you shall not publish or distribute in any medium the CUSIP database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal clearing and settlement of security transactions. You further agree that the use of CUSIP numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a master file or database of CUSIP descriptions or numbers for itself or any third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, DB, INTERNET, ELECTRONIC, CD-ROM Services and/or any other future services developed by the CSB.

CSB, ABA, THEIR AFFILIATES, MARKETWATCH, AND THE INFORMATION PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE CUSIP DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. CSB, ABA, THEIR AFFILIATES, MARKETWATCH, AND THE INFORMATION PROVIDERS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF CSB, ABA, ANY OF THEIR AFFILIATES, MARKETWATCH, OR THE INFORMATION PROVIDERS PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, CSB, ABA, AND MARKETWATCH SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.

You agree that all of the foregoing terms and conditions shall survive any termination of your right of access to the Services and the materials identified above.

The CUSIP database and information included therein are owned or licensed by CSB and the ABA.

Intraday Data provided by SIX Financial Information and subject to terms of use. Historical and current end-of-day data provided by SIX Financial Information. All quotes are in local exchange time. Real-time last sale data for U.S. stock quotes reflect trades reported through Nasdaq only. Intraday data delayed at least 15 minutes or per exchange requirements.